Sampat Kumar Khatik S/O Shri Omprakash Khatik vs State Of Rajasthan

This habeas corpus petition is filed by the petitioner with the prayer that the respondents No. 1 to 3 be directed to produce his daughter who has illegally been detained by the respondent No.4 against her wishes. In this habeas corpus petition, it is averred that the daughter of the petitioner went missing on 25.07.2021 at about 1.30 A.M. and in relation to the said incident, a Missing Person Report was also lodged by the petitioner at Police Station Laxmangarh, District Sikar on 25.07.2021 itself.

Today, Mr. Rajesh Kumar, S.I. posted at Police Station Laxmangarh has produced the corpus before this Court along with the case diary of the Missing Person Report filed by the petitioner. During the course of investigation, in relation to the above referred M.P.R., the Police has recovered the daughter of the petitioner on 07.08.2021 from New Delhi and brought her to Laxmangarh and, thereafter, recorded her statement and handed over her custody to her brother. In her police statement she has stated that she went with the respondent No.4 as per her own free will and lived with him upto 06.08.2021. In her statement petitioner's daughter has also stated that nobody has abducted her and nothing untoward has been happened with her.

To ascertain the wish of the daughter of the petitioner, we have interacted with her in Camera and during that course she has levelled serious allegations against the respondent No.4 and his family members while stating that the respondent No.4 was sexually assaulting her from last so many years and he kidnapped her on 25.07.2021 against her wishes by threatening that he will kill her father and brother. She has also stated that they had tried to lodge a complaint with the Police regarding the misdeeds of respondent No.4 and his family members, but the Police has refused to lodge their complaint and on the other hand, has tortured her father, uncle and brother. The daughter of the petitioner has also narrated certain incidents of atrocities faced by her during her stay at New Delhi with respondent No.4.

The petitioner and his wife are also present in the Court and they have also stated that their daughter was sexually assaulted by respondent No.4 and his family members but the Police has refused to lodge any complaint in this respect despite their request.

Taking into consideration the above facts and circumstances of the case, we deem it proper to direct the learned Public Prosecutor to inform the Superintendent of Police, Sikar that he is required to present before this Court tomorrow at 10.30 A.M positively.

Rajesh Kumar, S.I. who has produced the corpus is directed to provide protection to her as well as her family members to ensure their life and liberty.

Put up tomorrow i.e. 02.09.2021 at 10.30 A.M.

Till tomorrow, the corpus is allowed to live with her parents.